[HISTORY: Adopted by the Town Board of the Town of Hurley as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-22-1996 by L.L. No. 2-1996]
The purpose of this article is to protect the public health, safety and welfare by providing for the regulation of the use of the Hurley-Marbletown Rail Trail Linear Park.
This article is enacted pursuant to the authority vested in the Town of Hurley by the Town Law, the Municipal Home Rule Law and other applicable laws of the State of New York.
The following words and terms shall have the following meanings when used in this article:
FIREARM
A weapon from which a projectile is fired by gunpowder or other explosive substance.
MOTORIZED VEHICLE
Any mechanical conveyance or apparatus which is powered by a motor or an engine and is designed or is or may be used for the transport of persons or property.
TOWN BOARD
The Town Board of the Town of Hurley.
TOWN CLERK
The Town Clerk of the Town of Hurley.
TOWN SUPERVISOR
The Town Supervisor of the Town of Hurley.
The Town Board shall oversee the operation of the Linear Park and in doing so may from time to time or at any time as it deems appropriate:
A. 
Temporarily or permanently modify the hours of operation of the Linear Park or any portion or portions thereof.
B. 
Designate one or more parking areas or lots for users of the Linear Park.
C. 
By resolution duly adopted and filed in the Town Clerk's office, add any other town lands to the Linear Park by any designation it shall choose for the purpose of regulating same under this article.
D. 
Make such other provision, rule or regulation which it deems appropriate for the operation or use of the Linear Park, including the temporary suspension, for a particular use of purpose, of any provision of this article. Any such suspension shall be in writing and notice thereof shall be given to the Town Clerk and, if appropriate, to local law enforcement agencies in whose jurisdiction the Linear Park or any portion thereof is located.
The Town Board shall cause to be conspicuously posted at all entrances to the Linear Park, the hours of operation thereof (if less than 24 hours per day and seven days per week) and the rules and regulations governing the use of the Linear Park as set forth in this article and as adopted by the Town Board from time to time pursuant hereto.
The following items, activities and actions are prohibited in the Linear Park:
A. 
Fires.
B. 
The discharge of firearms.
C. 
Hunting and/or trapping, but this provision shall not be construed to prohibit any hunter or trapper from using the Linear Park for access to or from other lands on which hunting or trapping may be allowed.
D. 
Motorized vehicles, except those parked or parking in or exiting from designated parking areas, and except for official emergency and maintenance vehicles being lawfully operated at the location of operation for their intended purpose.
E. 
Camping.
F. 
Littering.
G. 
Uncontrolled animals.
H. 
Trespassing (any member of the public entering or remaining in the Linear Park at any time when it is closed to public use without written permission from the Town Supervisor or the Town Clerk).
A. 
Any prosecution for an alleged violation of this article shall be conducted in accordance with the requirements of the Criminal Procedure Law of the State of New York for the prosecution of a violation, as that term is defined in the Penal Law of the State of New York.
B. 
Violation of any provision of this article or any rule or regulation adopted or promulgated pursuant to same shall constitute a violation as same is defined in the Penal Law of the State of New York punishable by imprisonment for a period not to exceed 15 days or a fine not to exceed $250 or both.
C. 
Simultaneously or alternately with any criminal prosecution, the Town Board may maintain a civil action or proceeding in the name of the town in any court of competent jurisdiction to compel compliance with or to restrain any violation of this article or for damages, or both.
This article shall not be deemed to adversely affect any existing private rights-of-way or other easements, or any rights appurtenant thereto, on or over any portion of the Linear Park.